Private Client Section Engagement Programme 2017-2018 - www.lawsociety.org.uk/privateclient
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www.lawsociety.org.uk/privateclient Private Client Section Engagement Programme 2017-2018
Foreword
Welcome to the Law Society’s Private Client
Section 2017/2018 engagement programme.
The Section was established in 1997, to promote best practice and address
current issues and challenges facing the community. The Advisory
Committee's role is to provide expert practitioner input, guiding the Law
Society on identifying issues, generating content and a wide variety of
events, to ensure the engagement programme is both relevant and practical.
The Section takes guidance from both the Section Advisory committee and
the wider membership through surveys, on-line discussions groups and
events, etc.
The committee is keen to engage with the wider private client community
and to hear from you, our members, to assist us in shaping your Section. To
give us your thoughts, seek our support or just to connect, please get in
touch at privateclientsection@lawsociety.org.uk.
Fiona Heald
Chair of the Private Client Section Advisory Committee
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www.lawsociety.org.uk/privateclient
Our vision
To provide our members with valuable support and relevant
information across a range of topics including: financial and tax
planning, elderly client, wills and probate, estate administration,
mental capacity, trusts, charities, family and relationships, and
contentious probate.
The programme will:
• address leadership, regulatory developments and legal management through a series of events,
member support activities and research
• support, promote and represent private client lawyers by providing opportunities to share and
develop best practice, to exchange ideas and experiences and to learn from peers
• provide opportunities for private client lawyers to influence the overall direction of the legal
sector
• promote private client lawyers
• help the Law Society to understand and represent private client lawyers better.
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Events
Over the next year the Section will host a range of events on issues that matter to private
client lawyers.
Details of these events will be published on our website:
www.lawsociety.org.uk/private-client/events
Membership of the Section includes free access to the Private Client Section regional
seminars and the podcast recordings of these events as well as discount on the Private
Client Section London conferences
New - Private Client Section regional Elderly client
convention
When: January and February 2018:
London (31 Jan), Birmingham (8 Feb), Manchester (15 Feb).
Time: From 16:15 - 19:25
Venues: The Law Society, 113 Chancery Lane, London WC2A 1PL
Jurys Inn Hotel, 245 Broad St, Birmingham B1 2HQ
The University of Law, 2 New York Street, Manchester, M1 4HJ
Cost: Free for Section members, From £35 + VAT for non-members
With the support of our Private Client Section advisory committee we design our events
to cover the most relevant range of topics focused on practical support for the busy
private client solicitor. The first topic to be covered in 2018 will be Elderly Client
communications and a case law update, the second will be Inheritance and death: A tax
law update (April) and the third will be a Private Client Care law update (Sept).
For 2018, based on member feedback, we are piloting a new approach to our elderly
client inclusive regional Section support events as members have asked for:
• Practical support in communicating with elderly/vulnerable clients
• Longer events to justify their travel times
• More networking time with their peers
In response we are piloting our new Elderly Client Convention. This (inclusive to
Section member) event will include:
• Afternoon soft skills seminar - How to communicate with elderly clients
• Evening case law seminar - Elderly client law update
Speakers:
• Afternoon - Lynny Turner (London), Dr Elizabeth Collier, PhD BSc MSc
(Birmingham and Manchester)
• Evening – Helen Clarke (London, Birmingam and Manchester)
Click for more information or to book
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www.lawsociety.org.uk/privateclient
Private Client Section: Cross border conference
When: March 2018
Venue: The Law Society, 113 Chancery Lane, London WC2A 1PL
Cost: Early booking fee before 22 February 2018
£250 + VAT for Section members,
£145 + VAT for members working for NFP
From £295 + VAT for non-members
The 2018 cross border conference will help you to keep on top of the increasingly complex
and changing environment of international private client work.
This full-day conference will help you stay on top of the key issues that will affect private
client solicitors in 2018, including cross border estate planning and the impact of trust
compliance and trust litigation on your cross border clients.
Conference topics include:
• Brexit and its impact
• practical strategies for cross border estate planning
• cross border elderly client issues
• trust compliance and trust litigation (including contested probate).
The conference is followed by a networking reception until 17:40
Register your place - don’t forget to register by 22 February to benefit from the
booking discount, saving you £50 on the standard booking rate
Click for more information or to book
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Regional Seminars: Inheritance and death - a tax
update
When: March/April London, Manchester, Birmingham
Venues: The Law Society, 113 Chancery Lane, London WC2A 1PL
Manchester, TBC
Birmingham, TBC
Cost: Free for section members, From £35 + VAT for non-members
This is the second Private Client Section regional evening seminar topic for 2018 the third
will be a Private Client Care law update (Sept).
The content of this seminar will typically follow the changes from the new budget.
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Private Client Section Annual conference
When: 29 June 2018
Venue: Victoria Park Plaza, London
Cost: Discounts for Section members
The 2018 Private Client Section annual conference will equip you with the very latest
thinking on private client work.
This conference will provide a diverse range of expert speakers sharing their expertise on
a wide span of topics critical to private client practitioners. Parallel workshops will cover
some of the hot topics, such as elderly client care and the Mental Capacity Act 2005,
inheritance tax and the family home, the technical side of life policies and pensions, court
of protection and contentious probate.
You will also have the opportunity to explore business development opportunities at the
event.
This is the one event happening in 2018 that private client solicitors can’t afford to miss!
Programme
We will provide more information on the programme as soon as we are able.
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Regional Seminars: Recent developments in private
client practice
When: 25 Sept 2018 London, 20 or 27 Sept 2018 Birmingham, 20 or 27 Sept 2018
Manchester
Venues: The Law Society, 113 Chancery Lane, London WC2A 1PL
Manchester - venue TBC
Birmingham - Jury's Inn 245 Broad Street, Birmingham, B1 2HQ
Cost: Free for section members, From £35 + VAT for non-members
This is the third and final set of Private Client Section evening seminar topics for 2018
and will cover recent developments in private client practice
This one hour seminar will provide a review of current issues in Private Client Practice. The
exact detail of this seminar will be based on recent developments coming from judgments
and statutes throughout 2018; we will reveal more information as available.
We can already confirm we have secure Professor King as our speaker for these 2018
seminars.
Speaker: Professor Lesley King
Professor Lesley King, professional development consultant for
the University of Law, is co-author of Wills, Taxation and
Administration: A Practical Guide; A Modern Approach to Wills,
Administration
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Private Client Section - Elderly client conference
When: Oct 2018
Venues: The Law Society, 113 Chancery Lane, London WC2A 1PL
Cost: Discounted for section members
The Law Society is bringing together speakers including lawyers, health and social care
experts, policy makers, academics and charities to provide practical advice to solicitors
dealing with the unique challenges of elderly clients. This area of law requires an
understanding of related sectors in order to provide comprehensive advice to clients and
the conference will include cross sector discussion of the recent developments and trends
in the law including end of life care.
More information will be released as the programme develops.
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Webinars
Section members benefit from free access to four topical webinars per year, access to all
previous recordings and 20% discount on other relevant Law Society webinars.
Review the Private Client Section inclusive webinars today
Private Client Section webinar: Testamentary
capacity (13 September)
When: 13 September 2017
Cost: Free for section members, £45 to non-Section members
View this webinar and benefit from an up-to-date overview of the law relating to
testamentary capacity plus practical tips for avoiding common pitfalls in practice.
This webinar is inclusive to Private Client Section members.
This session will cover:
• the refinement of the Banks v Goodfellow test
• a review of recent case law and what constitutes incapacity
• the impact of the Mental Capacity Act 2005 on testamentary capacity
• a review of the ‘golden rule’ as a means of avoiding disputes
• practitioners’ duties
• practical tips for avoiding common pitfalls
• the statutory will alternative where a client lacks testamentary capacity.
Participants will benefit from:
• obtaining an up-to-date overview of the law
• practical guidance on identifying when testamentary capacity is an issue and how
to address it
• alternatives where the client lacks testamentary capacity..
Speakers: Claire van Overdijk and Jennifer Seaman, Outer Temple Chambers.
Claire van Overdijk is a barrister at Outer Temple Chambers where she practises in mental
capacity law and private client law generally. She has extensive experience in mental
capacity law, has published a number of books on the subject, and is ranked by Chambers
and Partners for her expertise in the property and affairs jurisdiction of the Court of
Protection. Claire sits on the STEP Mental Capacity Global SIG Steering Committee.
Jennifer Seaman is a barrister at Outer Temple Chambers where she practices in
chancery related litigation including testamentary issues, trusts, probate disputes,
insolvency and professional negligence related issues. She was appointed to the Attorney
General’s B panel in June 2016 and has been recognised in the legal directories as a
leading junior for a number of years.
Listen now
10www.lawsociety.org.uk/privateclient
Webinar: Ilott v Mitson - 1975 act claims (10 July
2017)
When: 10 July 2017
Cost: Free for section members, £45 to non-Section members
Join this webinar to understand the implications for probate claims following the Supreme
Court judgment in Ilott v The Blue Cross and others (formerly known as Ilott v Mitson).
This webinar, inclusive to Private Client Section members, will help you deal with
challenges to wills brought under the Inheritance (Provision for Family and Dependants)
Act 1975.
The session will cover:
• an overview of the Supreme Court judgment
• the key decisions which impact cases going forwards
• how the case will affect claims of adult children in the future
• the Supreme Court guidance on appeals
• how awards will be structured.
Participants will benefit from:
• a better understanding of how to assess claims under the 1975 act
• knowing how to advise clients on the law when making their wills
• an understanding of the guidance of how to conduct claims under the 1975 act.
Speakers: Penny Reed QC and Hugh Cumber
Penelope Reed QC is a member of chambers at 5 Stone
Buildings, Lincoln’s Inn, specialising in trusts, wills, contentious
probate, family provision claims and tax. She is the co-author of a
number of private client books, including A Practical Guide to the
Trustee Act 2000 and Inheritance Act Claims. Her notable recent
work includes acting for the appellant charities in their successful
appeal to the Supreme Court in Ilott v The Blue Cross and others
[2017] UKSC 17.
Hugh Camber joined chambers in 2015 after successfully completing pupillage in
chambers from October 2013 to October 2014. He was seconded to the Supreme Court
and the Judicial Committee of the Privy Council for the 2014/15 legal year to act as judicial
assistant to Lord Neuberger, the President of the Supreme Court. His notable recent work
includes supporting Penny Reed QC in acting for the appellant charities in their successful
appeal to the Supreme Court in Ilott v The Blue Cross.
Listen now
11Webinar: Pricing strategies to attract clients and
minimise compliance issues for private client
practitioners
When: 28 April 2017
Cost: Free for section members, £45 to non-Section members
This webinar provides guidance on how private client firms can grow their profits and client
base while also complying with the regulators direction on pricing transparency.
Richard Burcher offers practical guidance on increasing profits and clients.
This practical one hour webinar will provide:
• a guide to why consumers do not buy or get confused
• how to structure your pricing so it works for your business and the consumer
• how to communicate your pricing and services so they are transparent for both the
consumer and the regulators
• how to differentiate yourselves from your competitors both regulated and
unregulated
• strategies to win more or new business
• what to tell clients and at which stage
• how to encourage clients to give feedback and to respond to reviews
• how to explain, how and why the fee can grow so that the client appreciates the
amount of work (and respects the related fee).
Richard Burcher is a former practicing lawyer from New
Zealand and managing partner with over 30 year’s experience
in private practice. Although he now consults to some of the
largest law firms in the world, Richard spent part of his career
as a private client practitioner in two small law firms in rural
New Zealand and understands the challenges acutely.
Richard has been based in London since 2012 as the Managing
Director of Validatum (UK) Limited.
In 2016, the CMA carried out a study which looked into whether pricing in the legal
services market could be clearer for consumers. The Law Society and the Private Client
Section represented members throughout the consultation process and have produced a
Price and Service Transparency Toolkit for kit members. This toolkit brings together
information and resources on price and service transparency which will help you provide
the best possible cost and service information to clients.
Listen now
12www.lawsociety.org.uk/privateclient
Webinar: Effectively managing digital assets for
wills and estates
When: Sept 2016
Cost: Free for section members, £45 to non-Section members
As most people now own a smartphone or other electronic device, much of our clients’
lives, both professional and personal, is finding its way into the digital sphere. This webinar
will explain how to deal with digital assets after death.
How will you benefit from this webinar:
• Gain an understanding of how to assist your clients in planning for the administration of
digital information after their deaths
• Know how to advise on what will happen to their digital estate on their death
• Find out what can be done to ensure that such information is accessible after death
• Learn the relevant provisions to be included in wills
• Understand the important questions to consider and discuss with your clients in
relation to their digital assets.
This session will cover:
• An overview of both the practical and the legal aspects of a ’digital demise’
• Help to identify what is a digital asset and how to spot the difference between a digital
asset and an asset that is represented in digital form
• What the law says on who actually owns digital assets
• Confirmation on who has access to those digital assets on death
• Explaining how the law in this area needs to be updated to keep pace with technology.
Who should attend?
• Private client practitioners, those dealing with the preparation of wills or dealing with
the administration of estates
Speakers: Lucy Obrey, partner, and Ian Bond, partner, Higgs & Sons Solicitors
Lucy specialises in all aspects of private client work, focusing on wealth and succession
planning and the administration of estates of all sizes. Lucy’s expertise in inheritance tax
and estate planning, notably for the entrepreneurial client base of the firm, has been
recognised in Chambers & Partners and the Legal 500 where she is noted as a leader in
her field.
Ian specialises in trust formation and administration, wealth planning and the
administration of estates. With wide ranging experience dealing with high-value and
complex estates, especially intestacy matters. Ian is a member of STEP. Ian is a vice-chair
of the Law Society’s Wills & Equity Committee
Listen now
13Webinar: A practical guide to trust administration
When: Sept 2016
Cost: Free for section members, £45 to non-Section members
This webinar will focus on best practice in trust administration, accompanied by case
studies looking at practical day-to-day trust administration issues.
The webinar will cover:
• Regulatory compliance, (including SRA professional compliance, AMOL and
FATCA)
• Relationships with beneficiaries
• Book keeping and preparation of annual accounts
• Arranging the payment of trustee expenses, and general trust administration
• Taxation of trusts, including the preparation of tax returns, correspondence with
HMRC and inheritance tax
• Maintenance of bank accounts
• Monitoring and distribution of income
• Trust policies
• Relations with investment mgrs
• Administration of investment and investment and property portfolios.
You will benefit from:
• A stronger understanding of how to best use your time to administrate trusts
• Practical solutions to minimise compliance risks
• Identifying common errors to avoid
• Exploring ways to maximise trust revenue on behalf of clients
• An opportunity to ask your specific questions to our expert speaker.
Who should participate:
• Private client lawyers
• Trust administrators.
Speaker: Simon Leney, director, Cripps Trust Corporation
Ltd and partner, Cripps LLP
Simon provides wealth planning services and support to
individuals and not for profit organisations, including advice on
tax, and professional executor/trustee services as a director of
Cripps Trust Corporation Ltd.
He is a member and former chair of the Private Client Section committee
Listen now
14www.lawsociety.org.uk/privateclient
Member Offer
E-newsletter
The Private Client Section has a dedicated e-newsletter for its members. As part of your
Section membership, you will receive regular e-newsletters, with recent private client
news, selected cases and legislation provided by LexisNexis, and commentary on
developments in the field by Professor Lesley King and Roman Kubiak, partner and head
of the Contested Wills, Trusts and Estates team at Hugh James
Magazine
Our PS magazine focuses on the issues that matter in private client practice through
features, commentary and updates from leading practitioners. 'Back to Basics' is a
practical feature that deals with one key issue in extensive practical detail.
Here are some examples of our previous editions
15LinkedIn
The Private Client Section enables
members to share news, features,
events and other relevant activities in a
private environment. Increase your
private client legal network and join our
LinkedIn group. Keep an eye out for
more information soon.
Website
The Private Client Section website is a one-stop portal of information for the legal
community working in wills, probate, financial and tax planning, trusts, mental capacity
and estate administration. It contains practical guidance, news, research and event
details, we encourage you to use its search facility to provide quick access to the latest
news updates, to search for past articles or practice notes. To access inclusive member
only content, simply register and login.
16www.lawsociety.org.uk/privateclient
Committee
Thank you to our committee members
This programme of engagement was created in close consultation with the Private Client
Section Advisory Committee to ensure it is relevant and timely.
Committee members meet up to multiple times a year to discuss the key issues facing the
private client legal community. The committee advises on how the Law Society can best support
its members who work in the fields of financial and tax planning, elderly client, wills and probate,
estate administration, mental capacity, trusts, charities, family and relationships, and
contentious probate.
The Section is chaired by Fiona Heald, an experienced solicitor working at Moore Blatch in the
South, the vice-chair is Kate Mahon, a solicitor and sole practitioner at Davidson Mahon
Solicitors in Rugby, Warwickshire. Melinda Giles, a partner at Giles Wilson LLP in Essex, is the
new Private Client Council member.
The Law Society thanks all of the committee members for their time, commitment and
contribution.
Committee Member Organisation Role
Alberto Perez Cedillo Spanish
Alberto Perez Cedillo Lawyers & Solicitors Partner and solicitor
Anthony Rickards
Collinson JWK solicitors Senior director and solicitor
Charlotte Pisuto Hugh Jones Solicitors Solicitor
Fiona Heald Moore Blatch solicitor
Gareth Marland Berwins Solicitors Limited Solicitor
Solicitor and consultant
Helen Clarke lecturer
Helen Starkie Helen Starkie Solicitor Sole practitioner and solicitor
John Perry Palmers Solicitors Partner and solicitor
Kate Mahon Davidson Mahon Solicitors Sole practitioner and solicitor
Partner, solicitor and head of
Melinda Giles Giles Wilson LLP the private wealth team
Sarah Murphy JWK solicitors Solicitor
Simon Leney Cripps Trust Corporation Ltd Partner and solicitor
Stuart Adams Penningtons Manches Senior associate and solicitor
17Our Private Client Section advisory committee at the
2017 Private Client Section annual conference
18www.lawsociety.org.uk/privateclient
About the Law Society
The Law Society exists to represent, promote and support all solicitors, so they in turn can help their
clients.
We also work to ensure that no-one is above the law and to protect everyone's right to have access
to justice. We promote England and Wales as the jurisdiction of choice and the vital role legal
services play in our economy. We work internationally to open up markets to our members and to
defend human rights while supporting our members with opportunities in the domestic market.
The Law Society helps members by:
• representing solicitors by speaking out for justice and on legal issues
• promoting solicitors through publicising the value of using a solicitor at home and abroad
• supporting solicitors by helping them develop their expertise and their business,
respective of whether they work for themselves, in-house or for a law firm
The Law Society represents the profession by:
• campaigning on the rule of law, human rights, access to justice and regulation. This includes
lobbying in Brussels, Westminster and Cardiff and in the media.
• working with international legal bodies to position the Law Society as a thought-leader on global
issues
• intervening in cases where solicitors and the law are under threat in the UK and abroad
• helping our members to represent key issues impacting the profession to their MP, AM or MEP
• using the law to challenge changes which will impact negatively on the profession and society
• championing and facilitating pro bono work
The Law Society promotes the profession by:
• internationally working to open and grow markets for English and Welsh law such as inward
visits of foreign lawyers and trade missions
• providing and increasing awareness of Find a Solicitor – our website enabling consumers and
businesses to find a solicitor who can meet their needs
• hosting our annual Excellence Awards which highlight and celebrate outstanding contributions
across the profession
• recognising the contribution solicitors make to civil society and communities
• publicising the value of legal of the legal services to the UK economy
The Law Society supports the profession by:
• identifying issues and market trends affecting solicitors to help the prepare for the future
• developing a comprehensive and cohesive education and training offer
• providing practice notes and guidance on issues important to members
• giving advice through our library and helplines
• running accreditation schemes to support and demonstrate effective practice
• creating communities of members based on who you are and what you do
• supporting those who find it difficult to enter the profession through our Diversity Access Scheme
• offering consultancy services for members who want more detailed help
• assisting members who wish to practice abroad
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